Supreme Court of India

Luhar Amrit Lal Nagji v. Doshi Jyantilal Jethalal and Others.

Neutral citation
Reported as [1960] 3 S.C.R. 842
Bench P.B. Gajendragadkar J.
Decided 4 May 1960

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

In the result the appeal fails, but in the circum­ stances of this case there will be no order as to costs.

Judgment, page 16

From the headnote

Hindu Law-Father's anticedent debt-Pious obligation of sons to pay-Onus. Hindu father, speculating in gold and silver, lost heavily and sought to recoup by borrowing on a mortgage. The mort­ gagee obtained a decree and sought to execute it by sale of the mortgaged property. The sons and the wife sued for a declara­ tion that the decree was not binding since the debt though antecedent was immoral (avyavaharik). The trial court found in their favour and on appeal the District Judge affirmed its decision. On second appeal the High Court held that it was for the plaintiffs to prove not merely

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